AQW 11520/17-22 Written question to the Minister for the Economy

To ask the Minister for the Economy whether she intends to bring forward legislation to safeguard the rights of consumers by regulating the issuance of giftcards.

Asked by Andrew Muir MLA on 3 December 2020

  • Answered
  • Written
  • After due date
Tabled
3 December 2020
Answer due by
18 December 2020
Answered
13 January 202141 days after tabling
Department
Department for the Economy
Priority question
No

Answer

I have no plans at this time to bring forward legislation to regulate the issuance of gift cards.

A small proportion of gift vouchers and cards are already regulated, and consumers purchasing these benefit from greater protection than when purchasing gift cards issued by individual retailers or service providers. These are “open loop” electronic cards, which can be used in a wide range of retailers. These gift cards and vouchers are subject to the Electronic Money Regulations 2011, which implement a European Directive, and require the issuer to safeguard all funds received in exchange for the electronic card issued.

To introduce further statutory protection of gift cards would require complex consideration. Gift cards are frequently purchased as gifts and in this circumstance it is likely that the purchaser would benefit from any protection, rather than the gift card recipient.

Consumers who purchase gift cards exceeding £100 can currently seek redress on retailer insolvency by pursuing a refund from their credit card provider, who is jointly liable under section 75 of the Consumer Credit Act 1974. Alternatively, if the gift card value is below £100, consumers may be able to make a claim under chargeback rules of certain credit or debit card providers.

Concerned consumers can seek free advice on gift card and voucher purchases from my Department’s Trading Standards Service consumer helpline on 0300 123 62 62 or by email to: https://www.nidirect.gov.uk/services/contact-consumerline-make-complaint-or-ask-advice

It is generally good advice for consumers to spend any gift vouchers received as soon as possible.

Official sources